Should we require friends to sign some type of waiver before being allowed to ride our jet skis?

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Should we require friends to sign some type of waiver before being allowed to ride our jet skis?

An 18-year old friend broke his nose when he fell off our jet ski while riding with our nephew. We had to file a claim on our jet ski insurance to cover the 20% his insurance did not pay. Would a signed waiver have protected us from this?

Asked on May 21, 2009 under Personal Injury, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Whether a waiver would work depends on so many factors -- including the wording of the waiver, what was disclosed or not disclosed about the risks, the parties' experience with the jet ski, knowledge of the nephew's skill level, what caused the accident, your state's laws, considerations of public policy,  etc. that no one can really give you a definitive answer.

In most circumstances there would be no liability to a passenger on a jet ski you own absent fault on your part. In the set of circumstances you describe it is hard to see how YOU were negligent if there was an accident you had played no part in.


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